Can I sue for breach of contract if nondisclosure was not adhered to?

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Can I sue for breach of contract if nondisclosure was not adhered to?

I was the receiver of a nondisclosure
agreement. The other party did not do
as they said they would. He now refuses
to speak to me, return my calls or
emails. Can I sue for breach of
contract? Is the NDA still in force?

Asked on August 13, 2017 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A non-disclosure agreement is enforceable as per its plain terms; if its terms indicate it is still in force and that certain behavior or disclosures violated it, you  may sue the other party for "breach of contract." In that lawsuit, you could seek a court order requiring him to cease disclosures on pain of punishment (e.g. contempt of court, were he to violate that court order) and/or for monetary compensation related to the impact of his disclosures on you or your business, or the reasonably determinable and provable economic value of the disclosed information. Speak to a business law or intellectual property attorney about a potential lawsuit.


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